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I. Introduction
The adoption of Law 4093/2012/ in November 2012, has introduced a new taxation framework for ener- gy production from Renewable Energy Sources (RES) in Greece. More precisely a tax levy has been introduced and imposed on RES producers' turnover for the period 2012-2014, thus leading to a defacto retroactive reduction of the applicable feed in tariff (FiT) paid to renewable electricity producers accord- ing to the already concluded Power Purchase Agree- ments with the competent Operator.
The following analysis intends to demonstrate that this national provision levying a tax on certain elec- tricity producers - i.e. RES electricity producers may in fact contravene the general principles of European Union (EU) Energy policy on RES development and constitute an infringement of EU energy law.
II. The Imposition of a "Solidarity Tax Contribution" on RES Electricity Producers - Law 4093/2012
Law 4093/20122 provides that a special tax, a so- called "special solidarity levy", is imposed on electric- ity producers from Renewable Energy Sources and Cogeneration of Heat and Power of High Efficiency (CHP).
The tax is imposed on the revenues of energy pro- duction taking place during the period between 1 Ju- ly 2012 to 30 June 2014 - with the possibility of a one- year extension until June 2015 - and is calculated as a percentage according to the price of electricity pur- chased. The tax applies to both operating RES sta- tions as well as to those operating in a trial period and will be connected in due time. However, it does not affect those solar photovoltaic (PV) stations for which the compensation for the energy produced is calculated on the basis of a reference price (FiT) cor- responding to a date later than 9 August 2012". Ex- empted from the tax are also PV stations included in the Special Program for Development of Photovolta- ic Systems on Buildings.
The so called "Special Solidarity Levy" is calculat- ed as a percentage of the price for electricity inject- ed to the Grid by the Producer, before taxes, and amounts to:
a) 25 % for PV stations placed into trial operation or connected to the Grid by 31 December 2011,
b) 27 % for PV stations placed into trial operation or connected to the...